1.1 This website is a service made available by www.naartjielegal.com, a Naartjie Projects (Pty) (Ltd) business, located in Sandton, South Africa and its affiliates (collectively referred to in this document as “NAARTJIELEGAL”).
1.3 By signing up to use our service or product offering, you warrant that you have express and complete authority to enter into this agreement.
1.4 Persons under the age of 18 are not permitted to use or register on NAARTJIELEGAL and by signing up you confirm that you have reached the age of majority in your jurisdiction. Similarly, our direct competitors, their employees or contractors are not allowed to subscribe or use our service and product offering.
1.5 All use of NAARTJIELEGAL - including content, information and services - is subject to these terms and conditions, hereinafter referred to as the “Terms”. This is the entire agreement between the Service Provider, NAARTJIELEGAL, and you (the User).
1.6 By accessing, browsing or using NAARTJIELEGAL, you acknowledge that you have read and understood the contents of the Terms and that you agree to be bound to these Terms as set out in this legal notice. Should you opt not to agree to the Terms, you are EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.7 NAARTJIELEGAL reserves the right to amend, remove or add to these Terms from time to time and the changes will be effective from the date on which they are published on our website. The Users must ensure that they check these Terms regularly for updates or before they use the site and that the User consents hereto.
1.8 Further use of products and rendered services, after additional modifications in the terms and conditions have been implemented, shall constitute consent to, and acceptance of these modifications. Refusal to accept these modifications shall preclude the user from using the offered products and services. You (the User) specifically waive any right to receive specific notice of each such change.
1.9 The information provided by NAARTJIELEGAL is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access NAARTJIELEGAL from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.10 NAARTJIELEGAL may only be used as specified by us and not in connection with any other commercial endeavours except those that are specifically endorsed or approved in writing by us.
1.11 NAARTJIELEGAL is exclusively entitled to decide on the functionality, use, subject matter, content, nature and variety of services and products provided by NAARTJIELEGAL, as well as to cease rendering any or all of these services at its sole discretion after providing what it deems to be a reasonable notice period.
1.12 Information provided by our Users through the NAARTJIELEGAL Service may contain links to third party websites that are not owned or controlled by NAARTJIELEGAL. NAARTJIELEGAL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
1.13 In addition, NAARTJIELEGAL will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that NAARTJIELEGAL shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
1.14 The User(s) understands and has become familiar with all technical requirements necessary to use these services and products and has no objections in respect thereof. The user is aware of risks and threats connected with electronic data transmission and accepts these risks.
1.15 If a User subscribes other User(s) they confirm by subscribing that they have informed other User(s) of these terms and that the User(s) accept these terms.
1.16 NAARTJIELEGAL reserves the right to access individual User’s accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law or as set out in this agreement.2. Description of Services
2.1 NAARTJIELEGAL provides a Software as a Service (SaaS) offering to the User.
2.2 NAARTJIELEGAL grants a non-exclusive, limited right to the User to use the service and product (“Application”) as a Customer Relationship Tool (“CRM”) based on the terms as set out herein and only for the purposes as described by the Application once the User subscribes.
2.3 The User does not acquire the Application or part thereof and is not allowed to use the Application in any other way than as a SaaS offering.
2.4 The User’s subscription, based on the relevant pricing module and modules subscribed to, allows the User to use the Application for the number of Users and modules allowed to and no more.
2.5 NAARTJIELEGAL provides Users access to the Application via a web Portal.3. User Registration
3.1 Users may be required to register with NAARTJIELEGAL. User(s) agree to keep their password(s) confidential and will solely be responsible for all use of their account and password.
3.2 Users agree that only the designated User(s) will be allowed to access and use the Application.
3.3 Password(s) and Username(s) are only licenced to the designated User(s) and the sharing of password(s) and or username(s) are strictly prohibited.
3.4 The User(s) warrant that the information provided by them for the purposes of registration is true, current, accurate and correct. Should any information change, it is the responsibility of the User to update their information as soon as possible. NAARTJIELEGAL reserves the right to suspend any User or cancel the subscription of any User(s) who provide false or fabricated information.
3.5 NAARTJIELEGAL reserves the right to suspend any User or cancel the subscription of any User that shares their password(s) and or username(s) and the User agrees that this conduct may cause NAARTJIELEGAL irreparable harm.
3.6 User(s) indemnify and hold NAARTJIELEGAL harmless from any losses suffered, damages, legal costs and expenses incurred by NAARTJIELEGAL arising from any claim or legal action due to the unauthorised sharing of password(s) and or username(s).4. Operational Stability and Security
4.1 NAARTJIELEGAL will use reasonable commercial endeavours to do everything in its power to ensure the continued and uninterrupted service to its User(s).
4.2 Planned interruptions will take place, where possible, with prior notice to User(s).
4.3 Reasonable steps will be taken by NAARTJIELEGAL to keep the Application secure. User(s) indemnify NAARTJIELEGAL for any breaches of security.
4.4 NAARTJIELEGAL shall not be responsible for any service interruptions, downtime or operational issues experienced by User(s).5. Cookies
6.1 All intellectual property on this Application, unless indicated otherwise, including but not limited to; copyright, content, trademarks, domain names, software, source code, meta tags, text, the service and hyperlinks, is owned by NAARTJIELEGAL and or its affiliates and or third-party owners and it is as such protected from infringement by domestic and international legislation and treaties.
6.2 Unauthorised use of any or all of the intellectual property on this website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto is strictly prohibited.
6.3 User(s), when subscribing, agrees that NAARTJIELEGAL may use their name, trademarks, service marks, and logo’s etcetera in any of NAARTJIELEGAL’S marketing or promotional materials and as part of the Application.7. Prohibited Activities
7.1 Users may not make use of any automated retrieval robot, screen scraper or similar technology to obtain information or to alter information on this Application. Users are prohibited to attempt any violation to the security of this website / Application and or the server and computer network that support this Application.
7.2 Any violations may result in civil or criminal liability by the User.
7.3 NAARTJIELEGAL grants to the User, and subject to these terms, a non- exclusive, non-transferable, limited and revocable right to access and use this Application for commercial purposes only. These rights must be used only in accordance with their purpose, application and their general characteristics. Any unauthorised use terminates this license and the User(s) may be held responsible for any damages suffered by NAARTJIELEGAL.
7.4 The User will not publish or upload onto the NAARTJIELEGAL website or social media sites any material which is unlawful, deceptive, misleading, defamatory, pornographic, obscene, hateful, criminal and malicious, or that which would violate any Party’s rights. Users are not allowed to use words, which may be offensive to the general public. NAARTJIELEGAL may, at its sole discretion, decide whether any information published or uploaded is in breach of the above and reserves the right to delete or remove any material or information deemed by NAARTJIELEGAL to violate these Terms or the Law. No refunds will be made by NAARTJIELEGAL in such cases.
7.5 NAARTJIELEGAL reserves the right, but not the obligation, to monitor the site, at any given time and without warning, for any violations of these Terms. Should NAARTJIELEGAL find, at its own discretion, any material or activity contrary to these terms, NAARTJIELEGAL is fully entitled in its own rights to the remedies available to it made available by these Terms.8. Legal Jurisdiction
8.1 This Website is controlled, operated and administered by NAARTJIELEGAL from its offices within the Republic of South Africa. This agreement shall be governed by and construed in accordance to South African laws and any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the South African Courts in terms of NAARTJIELEGAL’S registered address.
8.2 Users agree to waive all defences or objections to such jurisdiction and venue.
8.3 If any of the provisions of these terms are found by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between NAARTJIELEGAL and the User(s) with regard to the use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.9. Payments
9.1 The use of services offered on www.naartjielegal.com is free of charge for the first 14 days. Should the User(s), after the initial 14 days, decide to continue using the NAARTJIELEGAL services they will be requested to make a payment according to the presently effective price list.
9.2 User(s) will be billed monthly in accordance with the prices in effect at that time. User(s) added in the middle of a billing period will be charged pro rata for that billing month.
9.3 Billing will be done monthly, the same day as the order, and thereafter the User(s) debit, credit, or bank other account will be billed on the same day each month as the first day of payment.
9.4 The User(s), by subscribing authorises NAARTJIELEGAL to make deductions of the subscriptions from their debit, credit, or other bank account on an ongoing basis until cancelled by the User(s).
9.5 The pricing may be changed at any stage at the sole discretion of NAARTJIELEGAL.
9.6 Payments shall be conducted electronically by a Third Party service provider.
9.7 A failure to pay timeously will lead to the suspension or cancellation of the services offered by NAARTJIELEGAL.
9.8 In the event of a cancellation of services, the User(s) information will be completely deleted and the User(s) will not be able to recover the data as a result therefrom.
9.9 Payments and payment related communication may be sent to the User directly from the Third Party. If you click on the links to third-party websites, you leave our website. We are not responsible for the content of these third-party websites or the security of your personal information when you use the third-party websites.
9.10 No refunds or credits are supplied.10. Customer Data
10.1 The User(s) shall own any and all data it provides on the NAARTJIELEGAL Application and shall solely be responsible for the information.
10.2 NAARTJIELEGAL shall not be responsible or liable for the deletion, damage or destruction of the data regardless of the events leading up to such a loss.
10.3 NAARTJIELEGAL shall never use the data except if it is disclosed in terms of the law, such as a subpoena.
10.4 The User(s) agrees and warrants that NAARTJIELEGAL may disclose the data in the event of a merger, sale or similar event as long as it does not violate any applicable law.11. Assignment
11.1 This agreement may be assigned to any other party by NAARTJIELEGAL without the User(s) consent.
11.2 The User(s) may not assign this agreement without NAARTJIELEGAL’s prior written consent.12. NAARTJIELEGAL Liability
12.1 The User(s) indemnifies and holds NAARTJIELEGAL, its officers, subsidiaries, affiliates, successors, assigns, directors, members, agents, service providers, suppliers and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, injury and expenses (including but not limited to attorneys’ fees) which may be sustained as a result of using the services and or products. The site is provided ‘as is’ and “as available” with no warranties and the use of the site or use of advertised products is at the Users own risk.
12.2 The maximum liability (in any form) shall be limited to the Fees paid by the User(s) for the previous 12 months or $50.00.
12.3 User(s) shall defend, indemnify and hold NAARTJIELEGAL harmless from and against any and all third-party claims, causes of action, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with their use of the services or products of NAARTJIELEGAL.13. Disputes
13.1 Should a dispute arise between the User(s) and NAARTJIELEGAL as a direct or indirect consequence of the above Terms, for the purpose of expediting resolution, the User(s) and NAARTJIELEGAL agree to enter into a process of negotiations between themselves prior to taking any further steps. Should these negotiations fail, the Parties then agree to undergo mediation to settle any dispute. The Mediation proceedings shall be conducted by a South African accredited Mediator who is a qualified Attorney or Advocate with a minimum of 10 years’ experience.
13.2 The User(s) and NAARTJIELEGAL both agree to cooperate to the extent required from them in order to conduct fruitful negotiations, failing which to the extent so required by the appointed Mediator.Domicilium citandi et executandi addressCompany Details
Naartjie Projects (Pty) (Ltd) trading as www.naartjielegal.com
Registration Number: 2015/406765/07
Director: MJ VermaakPhysical Address
Office 3, 368 Oak Avenue, Ferndale, Randburg, South Africa, 2194
Email: email@example.comContact Details
A copy of the SCT Act is available at www.internet.org.za/ect_act.html